New Mexico DUI Accident Lawyer
New Mexico Statute § 66-8-102 is the state’s driving under the influence (DUI) law, although the New Mexico Motor Vehicle Division (DVM) refers to this crime as DWI, which is short for driving while intoxicated. A person commits this crime if he or she drives with a blood or breath alcohol concentration (BAC) of 0.08, but the legal limit is even lower for other drivers.
A commercial driver can be charged with drunk driving if he or she has a BAC of 0.04 or higher, and minors can be arrested when they have BACs of 0.02 or more. As the DVM notes, a person can also be charged with DUI if he or she is under the influence of a controlled substance.
If you suffered severe injuries or your loved one was killed by a motorist who was operating under the influence of drugs or alcohol, it is in your best interest to quickly retain legal counsel. Need an Injury Lawyer New Mexico represents clients in communities throughout McKinley County, Valencia County, Bernalillo County, Eddy County, Doña Ana County, Lea County, Santa Fe County, Otero County, Sandoval County, Chaves County, San Juan County, and many others.
New Mexico Drunk and Drugged Driving Laws
A person arrested for DUI will typically have to face a criminal case. This is completely separate from any action filed by a victim of the crash caused by a drunk driver, which is a civil case.
It is important to keep in mind that even if a driver is not convicted of drunk or drugged driving, that does not mean that he or she cannot be held civilly liable. One very good example of this is the infamous case of O.J. Simpson, who was acquitted of murder in his criminal trial but was found liable for wrongful deaths in his civil case.
New Mexico Dram Shop Laws
Bars or other establishments where alcohol was served used to be called dram shops. A dram referred to a small unit of alcohol that was about one-eighth of an ounce.
Under New Mexico Statute § 41-11-1, a vendor of alcoholic beverages can be held civilly liable when he, she, or it serves alcohol to a person whose intoxication was apparent to the vendor. The same statute also applies to social hosts—private individuals who are not licensed vendors of alcoholic beverages.
Social hosts can also be held liable for serving alcohol to visibly intoxicated guests who cause car accidents. Dram shop and social host laws allow additional avenues for drunk driving accident victims to pursue compensation, which can be useful when the person charged with drunk driving may not have the financial resources to pay full and fair compensation.
Find a DUI Accident Attorney in New Mexico
Did you sustain serious injuries or was your loved one killed in a crash caused by a drunk or drugged driver in New Mexico? Need an Injury Lawyer New Mexico can be your legal advocate and fight to hold all negligent parties fully accountable.
You can contact out firm 24/7 to arrange a free, no obligation consultation at which our experienced personal injury attorneys will provide a complete evaluation of your case. We handle every case on a contingency fee basis, meaning that you pay us absolutely nothing if we do not get you a monetary award.